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Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion

BY | June 27, 2012

John Bigelow, Jun 27, 2012 Cases involving pharmaceuticals settlements to patent litigation with so called “reverse payments” or, as the FTC now prefers to call them, “exclusion payments” have been…

John Bigelow, Jun 27, 2012

Cases involving pharmaceuticals settlements to patent litigation with so called “reverse payments” or, as the FTC now prefers to call them, “exclusion payments” have been a source of controversy for some time. The FTC has been fighting these agreements since 2000 on the antitrust grounds that they are agreements between horizontal competitors not to compete. Although the FTC had some early successes, the issue is likely to be an increasing sourc

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